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California Assembly Bill to End Ag Overtime Exemption (AB 2757) Passes Assembly Labor & Employment Committee

AB 2757 (Gonzalez), which seeks to repeal longstanding law allowing California Agriculture to pay overtime after 10 hours of work in a day passed the California Assembly's Labor and Employment Committee on April 6, 2016.

Presently, Labor Code section 554 exempts agricultural employees from Labor Code provisions regarding wage and hour, meal break requirements and other working conditions. Known as the Phase-In Overtime for Agricultural Workers Act of 2016, this bill would remove this exemption and would create a schedule that would phase-in overtime requirements for agricultural workers over the course of four years, beginning in 2017. Under the proposed legislation, beginning July 1, 2017, agricultural workers would receive overtime for all work after nine and one-half hours daily or in excess of 55 hours in one workweek. The thresholds for daily and weekly overtime would be further reduced each subsequent year until January 2020, at which point agricultural employees would receive overtime for work beyond eight hours daily or 40 hours weekly.

Obviously, California Agriculture should do everything it can to oppose this ill-thought legislation. Sagaser, Watkins & Wieland PC will continue to monitor AB 2757 and all other pending employment and labor law bills pending in the California Legislature. Please call us at 559-421-7000 if you have any questions.

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